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State v. Garcia12/12/1989
ve been a weapon. The officer did not know in advance that Garcia would have evidence in her pocket, therefore his discovery of the incriminating evidence was inadvertent. Finally, it was apparent to the officer that the envelope contained drugs. Although it is true that Officer Lane could not have known for certain that the uniquely-folded envelope contained cocaine, in order to conduct a search and seizure based upon plain view, he need only have had probable cause. Brown, 460 U.S. at 742-43, 103 S.Ct. at 1543, 75 L.Ed.2d at 514; Arizona v. Hicks, 480 U.S. 321, 107 S.Ct. 1149, 94 L.Ed.2d 347 (1987).
The trial court did not abuse its discretion in denying defendant's motion to suppress evidence.
Statements
Garcia next argues that the evidence established that Garcia was extremely intoxicated. Accordingly, Garcia argues that her statement was involuntary.
The state must prove by a preponderance of the evidence that a defendant's statements were given freely and voluntarily. Absent clear and manifest error, the trial court's determination of voluntariness will not be disturbed on appeal. State v. Griffin, 148 Ariz. 82, 85, 713 P.2d 283, 286 (1986).
Statements made at a time when a defendant is so intoxicated as to be unable to understand the meaning of the statements are involuntary. State v. Porter, 122 Ariz. 453, 456, 595 P.2d 998, 1001 (1979). The mere fact of intoxication does not render a statement inadmissible. State v. Laffoon, 125 Ariz. 484, 487, 610 P.2d 1045, 1049 (1980). The trial court must consider the totality of the circumstances. Id.
The trial court had an opportunity to observe the demeanor of witnesses. The trial court had before it evidence that the defendant furnished Officer Lane her Tucson address. The trial court could even have concluded that the defendant's statement that the envelope contained aspirin rather than cocaine demonstrated Garcia's understanding of the meaning of her statement and awareness of her predicament.
We find no error on this ground.
Denial of Directed Verdict
In reviewing a denial of directed verdict, this court must view the facts in the light most strongly in favor of upholding the verdict. State v. Murray, 782 P.2d 329, 331 (Ct.App.1989).
Garcia argues that the evidence showed that because of her intoxication, she was unable to form the requisite intent of knowingly possessing cocaine. However, voluntary intoxication is normally not a defense to possession of drugs. State v. Derosier, 133 Ariz. 154, 156, 650 P.2d 456, 458 (1982). Viewing the evidence in the light most favorable to the state as we are required to do, the jury could reasonably have concluded that despite her intoxicated condition Garcia knowingly possessed cocaine.
We have searched the record for fundamental error and have found none. We affirm.
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